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Discussion Outline for 17 October 2018

Hello class!
Helen, Will, Jeff and I are presenting on Wednesday.
Here are the broad strokes of our presentation:

Discussion Outline for 17 October 2018

Group: Helen Leung, William Goh, Aakash Taneja, Jeffrey Wong

 

Discussion Topic: The implications of copyright law on video-game streamers: the DMCA and how it applies to YouTube and Twitch

 

  1. Introduction and Roadmap (Jeff)
  • Overview of video-game streaming: origins, history and future.
  • Economic magnitude of the streaming industry.
  • Schools of thought: what does evidence indicate about how streamers affect video game sales.
  • Lead in to copyright and how it affects the streaming industry.

 

  1. Digital Copyright Law in Canada and the US and implications for streamers (Aakash)
  • An overview of copyright law in Canada, the DMCA and how it applies to Canadians
  • Overview of YouTube’s implementation/ enforcement procedure for the DMCA
  • “Lets-Play” videos and how copyright laws affect them: some examples
  • Policy implications and discussion about where and how the law should intervene

 

  1. Music Copyright Law in Canada and the US (William)
  • Overview of Twitch and the symbiotic relationship between video-game streamers and music
  • Copyright Infringement and DMCA takedowns on Streamers via Twitch: some examples
  • Twitch Music Library: cooperative licensing agreement between streamers, Twitch and Record Companies
  • Policy implications and discussion about Twitch’s approach to music copyright claims

 

  1. International approaches and developments (Helen)
  • Approaches to video-game streamers in other jurisdictions outside of North America and differences in copyright law.
  • Discussion of future international treaties and in particular EU Article 13. The implications.
  • What is the best approach to dealing with copyright law in the context of video-game streamers? 

Preparation for presentation

The video is a quick snapshot into YouTube’s approach to dealing with copyright infringement.

Look forward to seeing you all on Wednesday, thanks kindly!

Class 5 – 10/10/18; “Connecting Ourselves: Gamer Vulnerability in Virtual Realities” + ” Are You in Control of Your Mind?”

Video and slides below. Sorry that my slides had to be divided into two parts due to the size of the file.

Jon

News of the Week; October 3, 2018

GAMES

  1. Game devs call for better working conditions via #AsAGamesWorker
  2. Telltale Games and the lure of the cliff edge: Disastrous studio collapses are a fixture of the industry – and that won’t change until we stop celebrating the brinksmanship of executives
  3. 2018 will go down as the Year of the Bad Employer: Telltale just the latest in a parade of game dev horror stories likely leading to unionization
  4. Telltale reportedly searching for partner to finish Walking Dead by hiring its former devs: Third episode is supposedly almost finished, would be completed with the fourth by Telltale vets as contract employees
  5. More than 1,000 jobs lost to studio closures over the past year
  6. “It’s not enough to point at Bayonetta or FemShep and say ‘job done'”: NFTS student Daisy Fernandez discusses female representation in games and the barriers for women seeking a career in development
  7. Time is limited, and devs are struggling now that games demand more of it
  8. Epic Games Says Fortnite’s New Breast Physics Were ‘Unintended, Embarrassing, Careless’
  9. Epic will remove “embarrassing” breast physics from Fortnite: The inclusion of breast physics in the latest update was “unintended” says Epic
  10. Video: A retrospective look at ‘girl games’ of the ’90s
  11. Tencent using facial recognition to check users’ ages in Honour of Kings: Limited trial introduced over the weekend as part of public health campaign
  12. Tencent testing facial recognition to enforce playtime restrictions in China
  13. The Witcher author wants $16 million in royalties from CD Projekt Red
  14. CD Project Red rejects Witcher author’s request for $16.1m in additional royalties: “Mr Andrzej Sapkowski expects payment beyond what had been contractually agreed”
  15. FIFA 19 discloses loot box odds in-game
  16. Valve kicks 179 rule-breaking games off Steam
  17. Steam’s downfall would be a blow to ‘the creative freedom of devs,’ argues Larian CEO
  18. Blog: Why do publishers leave Steam?
  19. Even a decade in, GOG doesn’t want to try and be the Steam-slayer
  20. PUBG has banned 13 million cheating players to date
  21. 13 million PUBG accounts banned to-date: A Reddit user has crunched the numbers
  22. Patent authority rules against Nintendo, lets go-kart firm keep MariCar trademark
  23. Nintendo awarded $88,000 in lawsuit against Mario Kart-themed go-kart business
  24. Nintendo wins lawsuit against unlicensed Mario Kart-themed tourist attraction: MariCar ordered to pay $89,000 in damages
  25. Another Tourist Crashes Real-Life (And Totally Unofficial) Mario Kart In Tokyo
  26. I’m Finally Convinced: The Nintendo Switch Really Is the Console For Everyone
  27. Report: A new Nintendo Switch model will arrive in 2019
  28. Nintendo president: “I compete for time,” not against Xbox, PlayStation
  29. Sony Caves: The PS4 Will Soon Begin Supporting Cross-Console Play
  30. Industry reacts to Sony’s cross-play U-turn: Microsoft keen to connect Minecraft players, Bethesda says no plans for Fallout 76, but hope remains for Rocket League and Hearthstone
  31. Friends reunited: Sony admits enabling cross-play took too long
  32. Sony is shuttering PlayStation All-Stars Battle Royale’s online servers
  33. Canucks players banned from playing video games on road trips
  34. Canucks players put in video game ban on the road
  35. Canucks ban video games, ‘Fortnite’ from NHL road trips
  36. Housemarque goes battle royale: “We’ve had pushback, and we’re expecting more”
  37. ESA president Michael Gallagher steps down
  38. Fullscreen Study Finds Avid Gamers Have Twice As Much Discretionary Income As Non-Gamers
  39. World of Warcraft community rallies for the creator of a beloved mod: World of Warcraft’s most essential mod is maintained by one man
  40. DBM author gets a surprise support package from MSI and Blizzard
  41. Carbine Studios will shut down WildStar on November 28
  42. ‘First on Discord’ initiative launching with seven (timed) PC exclusives
  43. Oculus Quest will “end up competing with the Nintendo Switch as a device”
  44. Nintendo reveals it invented “Bowsette” before the Internet did
  45. Dragalia Lost has lowest-grossing launch of Nintendo’s mobile line-up: Publisher’s latest mobile offering generates $3 million in Japan and US over five days
  46. Konami’s Dance Dance Revolution is getting a movie adaptation
  47. Chinese console and TV-based game market projected to reach $736m in 2018: Grey market software to account for nearly two-thirds of market value
  48. World Rally Championship dev Kylotonn acquired by Bigben 
  49. Bigben spending spree continues with Kylotonn acquisition: The Paris-based racing studio joins the family
  50. Carmack compares Oculus Quest hardware power to last-gen game consoles
  51. Devs will need to code creatively to get the most out of the Oculus Quest
  52. Nate Nanzer: “The train has left the station” on esports opportunities – Overwatch League commissioner reflects on its inaugural year, the relationship between esports and traditional sports, and the League’s role in diversity leadership
  53. Hands-on: Oculus Quest is an intriguing new middle ground for VR
  54. 562 adapts to VR growing at a Snailiens’ pace
  55. ‘Astro Bot Rescue Mission’ Review – This VR Platformer Earns Our First 10 Out of 10
  56. John Carmack’s advice for mobile VR devs: Iterate, iterate, iterate
  57. Stupid Patent of the Month: Trolling Virtual Reality
  58. My confusing, 10-day journey to getting a UWP game to work on Windows 10
  59. Block party: Minecraft has over 90 million monthly active players
  60. Minecraft exceeds 90m monthly active users: Despite dominating the headlines, Fortnite still lags behind as Minecraft gains nearly 20 million monthly users in 2018 alone
  61. Newzoo: Catering to families with Xbox Game Pass could be key to closing gap on Sony
  62. Forza Horizon 4 is the best open-world driving game you can buy
  63. How Serious Sam set itself apart in the era of Duke Nukemand Quake
  64. Review: Civilization VI on the iPhone is the full experience
  65. How The Universim’s ‘god game’ twist charmed Early Access players
  66. Ubisoft Joins Blockchain Game Alliance as Publishers Anticipate Death of the Video Game Console
  67. Google and Ubisoft to test game-streaming service with Assassin’s Creed Odyssey: Limited number of users in the US will be able to play Assassin’s Creed Odyssey for free through their Chrome browser
  68. Google is testing an in-Chrome game streaming service with Assassin’s Creed Odyssey
  69. Google announces “Project Stream”—a “test” of game streaming in Chrome
  70. Vivendi will sell all Ubisoft shares by March 2019
  71. Vivendi lays plan to relinquish the last of its Ubisoft stock by 2019
  72. Ubisoft chief: The games industry needs to find its soul
  73. “Gaming is not about entertainment, it’s about learning”: Ubisoft chief creative officer Serge Hascoet says the games industry is missing a soul, doesn’t do enough to benefit players in their lives away from the game
  74. Liquid Media acquires rights to 65 classic video game titles
  75. Warner Bros distributing Cyberpunk 2077 in North America: Partnership with developer CD Projekt Red continues after publisher distributed past Witcher games in the region
  76. Tencent investing $316 million in Bilibili: Chinese gaming giant to purchase approximately 12.3% in shares of video sharing company that owns Overwatch League Hangzhou team
  77. Tencent restructures with an eye on corporate clients as games business stutters
  78. Chinese console and TV-based game market projected to reach $736m in 2018: Grey market software to account for nearly two-thirds of market value
  79. Disney shuts down Club Penguin Island, lays off developers
  80. Club Penguin Island shuts down, “dozens” of developers reportedly laid off
  81. Ex-Irrational and Slipgate veteran shares the secret to game dev survival: Apathy will kill your game, so work on something you believe in, says indie developer Gwen Frey
  82. Blog: Indie marketing – It’s never too soon
  83. It’s time we stopped encouraging indies: The Fall director John Warner rethinks the ethics of guiding aspiring developers without acknowledging some harsh realities
  84. Three pain points in the production and design of Shadow of the Tomb Raider
  85. Don’t Miss: How reference data was captured for Forza Motorsport 5
  86. Video: Sid Meier explores ‘interesting decisions’ in gameplay
  87. The Walking Dead Producer Says Video Games Resurrected The Zombie Genre
  88. How EVE Online has evolved in the era of F2P
  89. Leaked Video Seems To Show Open-World Harry Potter Game
  90. Twitch Viewers Band Together To Fund A Streamer’s Life-Saving Trip To The ER
  91. Seattle police try new opt-in registry system to combat SWATting
  92. Police to Seattle’s techies, streamers: Sign up for our anti-swatting service [Updated]
  93. EA has killed, pledges to kill again – 10 Years Ago This Month: EA CEO John Riccitiello gets into the spooky spirit of the season by promising the publisher would be an unstoppable game-cancelling machine

DIGITAL

  1. From Copyright Term to Super Bowl Commercials: Breaking Down the Digital NAFTA Deal (Michael Geist)
  2. Canadian Music Group Calls For Copyright Tax on Broadband Data Use (Michael Geist) 
  3. Court Agrees That Suppressing Reviews Unfair
  4. Another Social Media “Material Support to Terrorists” Lawsuit Fails–Cain v. Twitter (Eric Goldman) 
  5. Another 512(f) Case Fails–Handshoe v. Perrett (Eric Goldman)
  6. Section 230 Helps Malware Vendor Avoid Liability for Blocking Decision–PC Drivers v. Malwarebytes (Eric Goldman)
  7. Chinese ‘Rage Comic’ Site First Victim Of Government’s History-Rewriting ‘Heroes And Martyrs’ Law 
  8. The UK Government Is Planning to Regulate Hate Speech Online
  9. The first “social network” of brains lets three people transmit thoughts to each other’s heads: BrainNet allows collaborative problem-solving using direct brain-to-brain communication.
  10. 50 Million Facebook Accounts Affected in Massive Security Breach
  11. 50 million Facebook accounts hit by account hijacking security exploit
  12. 50 million Facebook accounts breached by access-token-harvesting attack
  13. Study Shows Facebook’s Still Miles Away From Taking Privacy, Transparency Seriously
  14. Breaking: Hackers Accessed 50 Million Facebook Accounts 
  15. Okay, Facebook, You Win. I’m Done.
  16. Facebook Resets Access to 90 Million Accounts Following Security Breach
  17. After Massive Breach, Facebook Says Hackers Didn’t Use Your Login to Access Third-Party Apps
  18. Facebook Tells Cops Its ‘Real Name’ Policy Applies To Law Enforcement Too
  19. Facebook and Employers Are Subject to Gender Bias Employment Complaint 
  20. Facebook Real Estate Binge Shows No Signs of Slowing
  21. Facebook Rolls Out ‘Premieres’, Which Let Creators Debut On-Demand Videos As Live Events
  22. Even If You Hate Zuckerberg Now, You’ll Love Him Later: Just ask Bill Gates how it works.
  23. Exclusive: WhatsApp Cofounder Brian Acton Gives The Inside Story On #DeleteFacebook And Why He Left $850 Million Behind
  24. Facebook takes on YouTube with more video advertising options
  25. Conspiracy Vlogger Is Arrested For Threatening To Kill YouTube Employees
  26. This Nifty Tool Estimates How Much Money YouTubers Can Make From AdSense Vs. Selling Merch
  27. YouTube Collabs With Dior To Give 7 Creators Backstage Access During Paris Fashion Week
  28. Google is trying to earn more money from YouTube by capitalizing on people using it for searches
  29. YouTube Launches New Ads That Let Users Make Third-Party Purchases Without Leaving The Site
  30. Fans’ Dedicated Effort Makes Late Actor Stefán Karl Stefánsson A YouTube Millionaire
  31. YouTuber Daniel ‘PeeWeeToms’ Thomas, Who Vlogged His Battle With Lung Cancer, Has Passed Away
  32. 1 Year After Launching Native Player, Reddit Is Driving 1 Billion Monthly Video Views
  33. Reddit Surpasses 1 Billion Video Views, Closes in on 1 Million Uploads per Month
  34. Vigilante engineer stops Waymo from patenting key lidar technology: Eric Swildens had no dog in the fight other than intellectual curiosity.
  35. Google Is Killing Inbox—Here Are Some Alternatives
  36. Google taking new steps to prevent malicious Chrome extensions
  37. BroadbandTV Unveils Distribution & Label Services for Music Artists
  38. BroadbandTV Launches Distribution and Label Services for Musicians
  39. BBTV To Help Digital Musicians Secure Distribution On Spotify, Apple Music, YouTube Music, More
  40. Report says use of AI could be violating human rights
  41. California Enacts Nation’s First Anti-Bot Law
  42. An AI Took A Road Trip And Wrote A Terrible Novel About It
  43. Why Technology Favors Tyranny: Artificial intelligence could erase many practical advantages of democracy, and erode the ideals of liberty and equality. It will further concentrate power among a small elite if we don’t take steps to stop it.
  44. The first “social network” of brains lets three people transmit thoughts to each other’s heads: BrainNet allows collaborative problem-solving using direct brain-to-brain communication. 
  45. Artificial Intelligence & Human Rights: Opportunities & Risks (Filippo A. Raso, Hannah Hilligoss, Vivek Krishnamurthy, Christopher Bavitz, and Levin Kim)
  46. It’s Time To Talk About Robot Gender Stereotypes
  47. Researchers find the most plausible cause of wellbeing decline in youth is increased screen time
  48. Are Canadian Employees Concerned about the Right to Disconnect?
  49. Another 512(f) Case Fails–Handshoe v. Perrett
  50. The Icing on the Cake: an unfair investigation into a joke gone viral 
  51. Spotify Founders to Sell Another $100 Million in Shares
  52. Pandora Will Sell Ads for SoundCloud in the U.S. Under Exclusive Pact: Audio-streaming platforms reach more than 100 million unduplicated listeners in U.S.
  53. MoviePass Is Now Re-Enrolling Former Customers in an ‘Unlimited’ Plan Unless They ‘Opt Out’
  54. Fine Brothers Entertainment Developing Slate Of 4 TV Shows With JASH, Fly On The Wall, More
  55. CBS Bullies Fan Star Trek Project To Shut Down Despite Creators’ Pleas For Instructions On Being Legit
  56. Netflix Plans To Try Out “Interactive” Shows
  57. Netflix is planning a choose-your-own-adventure episode of ‘Black Mirror’
  58. Report: Netflix to offer “choose-your-own-adventure” TV series
  59. Report: Netflix’s Black Mirror is getting the choose-your-own-adventure treatment
  60. Netflix’s ‘House Of Cards’ Kills Off Kevin Spacey In Trailer For Final Season (Watch)
  61. Netflix To Launch Third European HQ In Paris, Unveils 7 French Series And Films
  62. Netflix And Amazon Are Doubling Original Programming Slates To Compete In Crowded Space (Study)
  63. Amazon institutes $15 minimum wage for all US employees, including temps
  64. Amazon Raises Minimum Wage to $15 After Criticism About Workers on Food Stamps [Updated]
  65. Amazon’s $15-Per-Hour About-Face Is Creating Confusion for Whole Foods Workers
  66. EBay accuses Amazon of ‘unlawful’ merchant poaching
  67. Some Apple Employees Think Company’s New TV Service Will Be Dull As Nails
  68. Apple Imposes Privacy Policy Requirement for All Apps Operating on its Platform 
  69. FDA Hearts Apple’s New Watch
  70. iPhone XS and XS Max review: Big screens, big performance, big lenses, big prices
  71. Major Complaints About the iPhone XS Are Stacking Up 
  72. Twitter Now Lets Its Publishing Partners Rake In Global In-Stream Video Ad Revenues
  73. James Woods Is Correct That Twitter Shouldn’t Have Blocked His Account, But Still Hypocritical On Free Speech
  74. Brazil’s Government Wants Twitter To Turn Over Data On Users Who Mocked Victim Of Assassination Attempt
  75. Did France Just Make It Effectively Impossible To Use Twitter? 
  76. Elon Musk, Twitter and Disclosure Controls and Procedures 
  77. Elon Musk sued by SEC over ‘funding secured’ tweet
  78. SEC lawsuit seeks to force Musk out as Tesla CEO and board member
  79. Tesla is outgrowing Elon Musk
  80. Musk settles—out as Tesla chairman, owes $20 million in penalties
  81. Elon Musk to Resign as Tesla Chairman, Pay $20 Million Fine in SEC Settlement Over Catastrophic ‘420’ Tweet
  82. Elon Musk to Step Down as Tesla Chairman as Part of SEC Settlement
  83. SEC settlement sends Tesla stock soaring
  84. Cop Pulls Tesla Model 3 Driver Over For ‘Computer’ Mounted On Dashboard
  85. What is a Devil’s Triangle? Kavanaugh’s testimony inspires real-time Wikipedia edits
  86. Brett Kavanaugh And The Information Terrorists Trying To Reshape America: The network architecture built in Gamergate helped propel Trump to the presidency and fuel conspiracies like Pizzagate and QAnon. Now it’s backing Brett Kavanaugh.
  87. With his internet cut off, Julian Assange steps down as editor of WikiLeaks 
  88. African Countries Shooting Themselves In The Digital Foot By Imposing Taxes And Levies On Internet Use 
  89. FOSTA Provides Another Tool For Silencing People You Dislike
  90. Six Months Later, People Are Finally Realizing That FOSTA Actually Is Putting Lives At Risk
  91. Thanks To Streaming Fragmentation, Bittorrent Traffic Is Suddenly Rising In Traffic Share
  92. Insights: Streaming Giants Are Remaking Awards Season, Just Like Everything Else in Hollywood
  93. My Grudge Against Iomega and the Click of Death
  94. Remember How Bad Android Was?
  95. Confused Swedish Ad Board Says ‘Distracted Boyfriend Meme’ Is Sexist

CREATIVITY

  1. British Columbia Court of Appeal orders Vancouver transit authority to reconsider selling ad space to anti-abortion group
  2. A need-to-know guide on IP in the U.S.-Mexico-Canada Agreement
  3. NAFTA/USMCA is Even Worse Than You Thought on Intellectual Property: CETA Victory is Now Forfeited & Long Live Life + 70 etc. (Howard Knopf)
  4. The Cost of Canadian IP Capitulation in NAFTA. (Howard Knopf)
  5. The USMCA and Copyright Reform: Who is Writing Canada’s Copyright Law Anyway? (Michael Geist)
  6. A Mix Of Good And Bad Ideas In NAFTA Replacement
  7. Good News! USMCA (a/k/a NAFTA 2.0) Embraces Section 230-Like Internet Immunity (Eric Goldman)
  8. The Copyright Directive
  9. How to Obtain a Global Injunction in a Copyright Infringement Case (Eric Goldman)
  10. Another Zombie Bad Idea That Just Won’t Die: Copyright Small Claims Court Would Be A Free Speech Disaster
  11. Court Shoots Down Record Label’s Attempt To Expand The Definition Of ‘Vicarious’ Infringement
  12. Music Group Cheers On Its Own Fake Antipiracy Victories
  13. Giving Cops The Finger Is Protected Speech, Says Another Federal Court
  14. Fashion Designer Balenciaga Opposes Parody Pet-Wear Maker’s Trademark Application For ‘Pawlenciaga’
  15. Matt Damon opens SNL’s season as a belligerent, beer-bashing Brett Kavanaugh
  16. Kenan Thompson tells Seth Meyers about skipping out on Kanye West’s SNL “circus”

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1.  Application Denied: CRTC Rejects Bell Coalition Website Blocking Proposal (Michael Geist)
  2. Canadian Music Group Calls For Copyright Tax on Broadband Data Use (Michael Geist) 
  3. California Net Neutrality Bill Signed Into Law
  4. Calif. enacts net neutrality law—US gov’t immediately sues to block it [Updated]
  5. The DOJ’s New Net Neutrality Lawsuit Is A Giant Middle Finger To State Rights, Consumers, Competition & The Democratic Process
  6. Trump admin claims Calif. net neutrality law causes “irreparable harm” to US
  7. Entire broadband industry sues California to stop net neutrality law
  8. Cities will sue FCC to stop $2 billion giveaway to wireless carriers
  9. Cities, Counties Say FCC 5G Plan A Massive Handout To Wireless Carriers
  10. ESPN Has Finally Realized This Whole Streaming Thing Has Legs
  11. Ninth Circuit Adopts Expansive Definition of Auto-Dialer in TCPA Case
  12. TCPA on the Front Line: The Battle for the Future of American Free Speech is Quietly Taking Shape in an Appeal Over “Robocalls” 
  13. Report Finds U.S. Wireless Video Streaming Utterly Mediocre Thanks To Arbitrary Carrier Throttling

SURVEILLANCE & PRIVACY

  1. California Enacts the Nation’s First Internet of Things Security Law
  2. California Enacts New Requirements for Internet of Things Manufacturers 
  3. The Entire Broadband Industry Just Sued California For Daring To Protect Net Neutrality
  4. Analyst Who Accidentally Leaked NSA Software Given Five More Years In Prison Than General Who Handed Classified Info To His Mistress
  5. Everything Wrong In One Story: Data Silos, Privacy, And Algorithmic Blocking
  6. How Face ID could be a game-changer for aggressive US border agents 
  7. FBI Makes Child Porn Suspect Unlock iPhone X Using His Face 
  8. Cops told suspect he had to open iPhone X with his face, so he did 
  9. The FBI Forced A Suspect To Unlock His iPhone With His Face: But should investigators have the right to do that?
  10. Feds Finally Get Around To Using Someone’s Face To Unlock Their Cellphone
  11. FBI: We can’t listen to Facebook Messenger voice calls. Judge: Tough luck
  12. FBI vs. Facebook Messenger: What’s at stake?
  13. Don’t want New Zealand officials to get into your phone? Pay up to NZ$5,000
  14. How Oakland sets the new standard for meaningful police tech oversight
  15. DOJ Loses Another Attempt To Obtain Encryption-Breaking Precedent In Federal Court
  16. Four Companies Settle FTC Allegations Regarding False EU-U.S. Privacy Shield Certifications 
  17. In a Shift, Apple and Amazon Say They Are in Favor of Federal Privacy Regulation
  18. Facebook Reportedly Defeats Government Demand to Wiretap Messenger Calls
  19. New Mexico AG Charges App Maker With COPPA Violations
  20. First UEFI malware discovered in wild is laptop security software hijacked by Russians
  21. CEO who sold phones with “totally unbreakable encryption” takes plea deal

Jon

Discussion topic – 10th October 2018

Are you in control of your mind? Our discussion will look at equipping you with a variety of information on the topic of video games and addiction, so that you can form an educated opinion on this recently fired up debate.

Outline

1. Gaming disorder and addiction

  • WHO definition
  • How would it get diagnosed?

2. General examples and activity in this area

  • Fortnite example
  • Recent debates and controversy
  • Legal and Government intervention

3. Specific example – loot boxes

  • Definition
  • Debates on its correlation to gambling
  • Battlefront 2 example
  • Regulatory intervention

Preparation

Feel free to watch this video as an introduction to some of the themes that will be covered in our discussion. Come equipped with opinions on this recent classification by the WHO, the implications it brings about, and any stories you may want to share.

Please note: As this topic could get personal, when sharing your opinion in class, do so respectfully, with your fellow classmates/the audience in mind.

https://www.youtube.com/watch?v=axG1tLdutmY

Class 4 – 10/3/18; “Right to CreaTE or Rights to the Creation” + “Our Virtual Rights: Virtually Non-Existent?”

Slides & video below…

Jon

Quick Summary of the SCC Pentalogy

Jon has mentioned the SCC Pentalogy on copyright a few times in class. If anyone would like a quick summary of the five cases, Osgoode has put together a really useful summary of all of them.

Cheers,
Ryan Vogt

Secret Chinese Clocks

Following up on last weeks discussion regarding openness of technology, where I mentioned that the first ever mechanical time keeping device was built for a Chinese emperor but was kept secret, arguably slowing down human progress for hundreds of years until the mechanical clock was reinvented in Europe in the 14th century, this came in from former student in the class Ryan Vogt: ”

Last Wednesday, you mentioned the Chinese clock having been invented long before the European clock, and you were looking for a source. I don’t have a specific source, but I may have some names that could help you track it down…

Su Song designed a large clocktower (~1092). It kept time using a mechanism based on the flow of water, invented earlier by Buddhist monk Yi Xing (~725). When Su Song presented the design of his clock to Emperor Zhezong, he equated the continuous flow of water running the clock to the continuous movement of the heavens, which represented the unending power of the Emperor (appeasing the Emperor). The clocktower was dismantled by an invading Jurchen army (~1127), and it was never successfully reconstructed. Later, Jesuit explorers who came to China believed, based on their observations, that China had never advanced much beyond the sundial.

You may have read about this clocktower in historian Joseph Needham’s works, as he is famous for having studied the history of Chinese clocks.”

Further sleuthing on sources (okay, just Wikipedia) yielded this: https://en.wikipedia.org/wiki/Su_Song#Horology_and_mechanical_engineering

Jon

Discussion Outline October 3rd

Discussion Topic

How does our regulation of rights in the real world compare to our regulation of rights in video games? What can game creators do to fill the in-game legal void – and what are the consequences if they fail?

Issues Covered

Below are the sub-topics our presentation will consider, as well as some focusing questions.

  1. The regulation of electronic property as compared to physical property
  • What are the tangible (or intangible) differences between electronic and physical property?
  • What is the legal difference between purchasing a digital copy of a game, compared to buying it as a disc?
  1. In-game trading and virtual theft
  • What are the rights of a game owner when it comes to real-world trading? Can you sell products obtained in-game for real-world money?
  • What property rights do virtual goods attract, and how can the law account for virtual theft?
  1. How the law can address virtual sexual assault
  • What role should (or could) the law play in addressing sexual assault perpetrated virtually? What obstacles to regulation might arise?
  • What other approaches can game designers take to protect their players?
  1. The law’s role in regulating real-world crimes (against a person) in a virtual world
  • Can defamation exist in video games and virtual realities?
  • How can the law address issues of defamation in video games?

Preparation

Please watch the video attached to this interview with the CEO of EA games, and consider what legal implications will result from the increased integration of video games into our daily lives that he’s predicting: https://www.theverge.com/a/verge-2021/ea-ceo-andrew-wilson-interview-virtual-video-games

Video & Slides from talk at the Emerging Media Lab Lecture Series

On Tuesday September 25, 2018, I was privileged to give a talk which navigated the legal corrolories to the technological path from video-game mods through advanced VR all the way to completely personalized worlds powered by advanced artificial intelligence. It’s a long and winding road that ends with raising questions regarding how Rule of Law principles might themselves  be transformed at some point in in the future.

If you are interested, video and slides can be found below.

 

Jon

News of the Week; September 26, 2018

GAMES

  1. ArenaNet pulls plug on in-game transactions for Guild Wars 2 players in Belgium: MMO developer joins growing list of games companies forced to take action in Belgium over recent loot box ruling
  2. Report: Guild Wars 2 in-game currency no longer available in Belgium
  3. Activision hits Spyro fan game with cease and desist order
  4. Blog: Examining the debate behind loot boxes
  5. Devil May Cry 5’s microtransactions designed as an ‘option…to save time’
  6. Guitar Hero TV’s planned shutdown spurs false advertising lawsuit
  7. Drawn to Death is closing down its online servers
  8. Blizzard cracks down on third-party data-tracking apps inOverwatch
  9. Blizzard cracks down on third-party Overwatch apps: Players using programs which “impede on the competitive integrity” of the game could face permanent bans
  10. Jagex fires RuneScape moderator for stealing player gold
  11. 2K launches ‘Foundations’ program to support underprivileged communities
  12. 2K Foundations to provide basketball and STEM education facilities in US cities: New initiative will target “underserved” communities in 12 cities in its first year
  13. NBA 2K League reflecting on its rookie season: Brendan Donohue talks Twitch, Olympics, and player diversity as the esports effort enters its sophomore campaign
  14. Overwatch League gets its first female coach: Kyoung Ey Molly Kim has joined the coaching staff at OWL’s new Washington DC team
  15. Capcom launching Street Fighter esports league in Japan
  16. Tencent and PUBG Corp hosting $600,000 mobile tournament
  17. Fans delay football game with esports protest: Young Boys-FC Basel supporters united in opposition of competitive gaming, interrupt match by throwing tennis balls, controllers onto the field
  18. ReadyUp closes $2 million seed funding round: Esports team management and connection platform enters closed beta as round closes
  19. EnVision Esports staff will be paid outstanding salaries if Dot Esports pulls two articles, says former CEO: Artur Minacov says invoices have been sent to pay players allegedly owed thousands of dollars
  20. Ukie study shows potential of esports as a route to games careers
  21. “Companies really need to ask themselves if they’re serious about diversity”: Code Liberation Foundation founder Phoenix Perry says more must be done to help women in the industry – far from being solved, the issue is “getting worse”
  22. Valve will start helping developers moderate their Steam communities 
  23. Valve will start moderating Steam comments next week: Devs can opt out, but reported comments will now be reviewed by an internal moderation team
  24. Valve offers full support on Steam to all new controllers: Platform holder looks to address 22 million controllers still relying on user-created input configurations
  25. Valve reveals just how many PC gamers plug in gamepads—and which kinds
  26. Valve calls out surprising popularity of PS4, Switch Pro controllers on Steam
  27. Video: Game design lessons worth learning from collectible card games
  28. Pokemon GO total revenue reaches over $2 billion: Game achieves milestone 811 days after launch, with Japan leading spending by country
  29. Don’t Miss: Pokemon’s secret ingredient
  30. Marvel’s Spider-Man sold over 3.3 million units in first three days
  31. Spider-Man sells 3.3 million in three days
  32. Free-to-play Warface grabs 1.3M registered players in one week on PS4
  33. Looks Like Twitch Is Now Blocked in China
  34. Twitch abruptly blocked in China & delisted from local iOS App Store
  35. Twitch has been blocked in China: After rise in use due to the Asian Games, website is now inaccessible in much of the country and app is gone
  36. China Has Blocked Twitch Following Mass App Downloads During Asian Games
  37. Blog: Understanding China’s temporary game approval freeze
  38. Nintendo tries out streaming on Switch in Japan: As Switch rapidly catches up to PlayStation 4’s installed base in Japan, Nintendo takes aim at major cross-platform titles with cloud streaming releases – a possible taste of the future to come?
  39. Nintendo Online App allows voice chat with strangers for select games: Service update includes support for lobbies in Mario Kart 8, Mario Tennis Aces, and Arms; Splatoon 2 still friends-only
  40. 25% of Nintendo Switch owners have downloaded the Online app: Launch week for the service drove a 76% increase in installs globally
  41. Nintendo allays Switch cloud save fears with 180-day recovery period: Platform holder assures that data does not disappear when online subscription expires
  42. Nintendo Switch cloud saves disappear 6 months after subscription ends [Updated]
  43. Switch cloud saves are actually stored for 6 months, clarifies Nintendo
  44. You Don’t Need Nintendo Switch Online
  45. Sony (finally) agrees to PlayStation 4 cross-platform play
  46. Sony adding download option to some PlayStation Now games: Streaming subscription service will soon let PS4 users download PS4 and PS2 games for offline play as well
  47. PlayStation Now begins offering downloadable PS2 & PS4 games
  48. Sony officially ending Vita production in Japan in 2019
  49. Sony to end production of PS Vita in Japan next year: No plans for a successor, says SVP Hiroyuki Oda
  50. Sony Decides That It Too Can Compete With Free With Its Own Retro Console
  51. Sony finally allows Fortnite cross-platform play: In a “major policy change,” PS4 users will be able to play with others on Xbox One, Switch for “select third-party content”
  52. Sony Is Finally Allowing Cross-Play On The PS4 [Update]
  53. Sony’s walled garden cracks open: Cross-console play comes to PS4
  54. Fortnite Won
  55. Record 78.3 million people played Fortnite in August
  56. Fortnite had a record 78.3 million players in August: Epic’s blockbuster keeps growing in popularity
  57. World of Warcraft up, League of Legends down: Superdata’s August digital report says Blizzard’s MMORPG enjoying highest Western subscriber base since 2014 while Riot Games’ cornerstone on pace for worst full year performance in just as long
  58. XBox Adaptive Controller Gives Disabled Gamers A Power-Up
  59. Blizzard’s Diablo series tapped for possible Netflix show
  60. Disruptor Beam, Tilting Point partner for $29m user acquisition and publishing deal: Tilting Point to help expand audience of Star Trek Timelines and publish upcoming unannounced Disruptor Beam RPG
  61. “Be careful what you wish for” when after a publisher, says Team17 CEO
  62. Political extremism and gunplay meet in The Church in the Darkness
  63. Filling the gap in UK games funding: A GamesIndustry.biz Investment Summit panel highlighted a gap in public games funding that leaves too many developers out in the cold
  64. Why the BBC is investing in video games (again)
  65. Earthbound Games raises £750k to self-publish Axiom Soccer
  66. Ex-Telltale dev files class action suit over sudden mass layoffs
  67. Former Telltale employees sue studio for labor law violations in mass layoff: Class action lawsuit alleges company violated WARN Act in not providing advance notice of termination
  68. Report: Telltale was in funding talks one day before majority shutdown
  69. Telltale Games Begins ‘Majority Studio Closure’
  70. Telltale Games initiates ‘majority studio closure’
  71. Telltale Games begins wave of layoffs, cancels Stranger Things game
  72. Telltale Games was scuppered by failed finance round: Sources suggest Lionsgate abandoning ‘super show’ project caused mass layoffs
  73. Telltale is pulling The Walking Dead: The Final Season from digital stores
  74. Telltale pulls season passes for The Walking Dead: The Final Season
  75. Telltale Games begins wave of layoffs, cancels Stranger Things game [Updated]
  76. Telltale plans to finish The Walking Dead despite mass layoffs
  77. Telltale looking to work with ‘potential partners’ to finishThe Walking Dead
  78. Footage and concept art from Telltale’s canceled Stranger Things project has surfaced
  79. Big Fish Games laying off 15% of staff to focus on ‘social casino’ and ‘casual’ games
  80. Big Fish Games cuts 15 per cent of its workforce: Layoffs include many executive roles, as the company restructures around casino and casual games
  81. Haptic Suit Company Hardlight VR Closes Due to Lack of Funding
  82. Hands-on: StarVR One is the Most Complete Ultra-wide VR Headset to Date
  83. Bow To Blood developer needs to sell 40,000 copies to break even: Studio behind PSVR exclusive discusses the economics of success in virtual reality
  84. Oculus’ Santa Cruz is now Oculus Quest, priced at $399 
  85. Oculus’ $399 Quest To Take VR Mainstream
  86. Oculus Announces Quest, The High-end Standalone Headset Starting at $400
  87. Oculus Quest’s Insight system promises VR tracking beyond the box 
  88. Oculus mobile app now works with the Rift headset
  89. Smartphone and TV casting coming to Oculus Go
  90. How Odyssey is changing the face of Assassin’s Creed:
  91. French publisher Bigben scoops up Eko Software for nearly $10 million
  92. Bigben acquires Eko Software for €8.5 million: World Rally Championship publisher continues development expansion by picking up French studio working on Warhammer Chaosbane
  93. Building a business in the niche: Green Man Gaming’s David Clark explains how the company is bringing out games like Stormworks Build and Rescue using its status as a publisher/retailer to its advantage
  94. Retrotainment’s cartridge revival: Co-owners Tim Hartman and Greg Caldwell are making new NES games that run on old NES hardware in 2018, and they say the audience is growing
  95. Monster Hunter: World grabs top prize at Japan Game Awards 2018
  96. GLAAD Media Awards adds award for outstanding LGBTQ-inclusive games
  97. GLAAD adds Outstanding Video Game category to its Media Awards
  98. Inside the Awesomenauts matchmaking algorithm
  99. “There are an awful lot of blockchain startups, and most of them are going to fail”: Fig’s Alex Amsel urged  reserving judgement on blockchain – in time, the technology will deliver the new Minecraft
  100. GamesAid donates £213,120 to nine charities: Winning charities revealed at EGX in Birmingham.
  101. Thrustmaster TPR: The best flight sim pedals you can buy in a store like a normal person
  102. Video: Psychosis and the making of Hellblade
  103. Archiving Will Wright’s early design notes for The Sims
  104. “Video Games” Was On Jeopardy Tonight, And It Did Not Go Well

DIGITAL

  1. Québec Appeals Superior Court Ruling that Bill 74 is Unconstitutional
  2. Protecting Your Social Media Profile: How One New Zealand Technology Company Allegedly Violated Canadian Privacy Law 
  3. Departing Employee Required to Transfer Social Media Accounts–Hyperheal Hyperbarics v. Shapiro 
  4. District Court Misses The Forest For The Trees In Dismissing Constitutional Challenge To FOSTA 
  5. What’s next for the proposed Copyright Directive? (Andres Guadamuz) 
  6. Years Later, FTC Wins Case Against Roca Labs For Its Bogus Non-Disparagement Clause 
  7. Armed with cameras and computers, China’s latest crackdown begins: China has invented a version of social media that makes the rest seem both marginal and harmless. It sets out to shape 1.3 billion people into a predictable, reliable and obedient mass 
  8. The Real Story Behind That Viral Video of President Trump Hissing Like a Snake
  9. White House Admits Exec Order To Regulate Social Media Is ‘Real,’ But No Idea Who Wrote It, And Won’t Use It 
  10. In Which A Bunch Of Us Try To Explain The 1st Amendment To Jeff Sessions Concerning ‘Social Media Bias’
  11. Ecuador wanted to make Julian Assange a diplomat and send him to Moscow
  12. Instagram’s IGTV Is Reportedly Recommending Suggestive Videos Containing Underage Girls
  13. Instagram’s co-founders just quit. That could be bad news for Facebook: Facebook bought Instagram for $1 billion in 2012.
  14. Instagram Co-Founders Depart Facebook Amid Reported Rift With Mark Zuckerberg
  15. Mark Zuckerberg Blamed for Instagram Founders’ Departure
  16. Ex-Facebook moderator sues Facebook over exposure to disturbing images
  17. Facebook Is Giving Advertisers Access to Your Shadow Contact Information
  18. Facebook is dominating the stories format
  19. Socially-Conscious Facebook Video Giant ‘ATTN:’ Raises $15 Million, Led By Evolution Media 
  20. Amazon’s Aggressive Anti-Union Tactics Revealed in Leaked 45-Minute Video
  21. In Defense Of Amazon’s Alexa Microwave
  22. Amazon And Snapchat Form A Powerful Partnership 
  23. Soon You’ll Be Able To Use Your Snapchat Camera To Shop For Goods On Amazon
  24. Snapchat is letting users register to vote from its app 
  25. PayPal bans Alex Jones, saying he “promoted hate”
  26. Post-Cody Wilson’s arrest, few know what’s up with his company or legal efforts
  27. Taiwanese authorities arrest Cody Wilson, intend to deport him
  28. Cody Wilson arrives back in the States, enters US Marshals custody
  29. Defense Distributed’s new era—Cody Wilson resigns, former arts professional steps in
  30. Facebook Now Reportedly ‘Reviewing’ Its Distinction Between White Nationalism and White Supremacy
  31. Facebook Says It Will Stop Sending Employees to Help Political Campaigns In-Person
  32. Facebook Makes Dating Service “Facebook Official”
  33. Facebook Is Testing Its Dating Service. Here’s How It’s Different From Tinder
  34. Protecting Users of Facebook and Other Social Media (Margaret Ryznar)
  35. Tinder Lies (Irina Manta)
  36. Social Media Games Your Psychology. Ethical Design Could Change That.
  37. Crowdfunding raises millions for quack cancer remedies, like coffee enemas
  38. If VCs Aren’t Socially Responsible, The Robots Will Win 
  39. Artificial Intelligence: The Robots Are Now Hiring
  40. Legal Aspects of Artificial Intelligence (v2.0)
  41. AI learns to decipher images based on spoken words—almost like a toddler
  42. Playing with AI Fairness: Google’s new machine learning diagnostic tool lets users try on five different types of fairness
  43. When Will We Have Artificial Intelligence As Smart as a Human? Here’s What Experts Think
  44. Computer says “no”: High Court refuses permission to serve Google out of the jurisdiction in copyright infringement proceedings
  45. Google Chrome Is Now Quietly Forcing You to Log In—Here’s What to Do About It  
  46. The World of the Future Will Have Two Separate Internets, Former Google CEO Predicts 
  47. Louisiana’s Attorney General Wants To Break Up Google Over ‘Bias’
  48. Low pay, poor prospects, and psychological toll: The perils of microtask work 
  49. Website Blocking orders: the final chapter
  50. Section 230’s Success in Under-the-Radar Cases (Eric Goldman) 
  51. Departing Employee Required to Transfer Social Media Accounts – Hyperheal Hyperbarics v. Shapiro (Eric Goldman)
  52. BuzzFeed News Eliminates In-House Podcast Team To Double Down On Video Efforts 
  53. Viacom Digital Names Existing Awesomeness Execs Co-Heads Of Network Following Acquisition
  54. Viacom Names Awesomeness Co-Chiefs: Rebecca Glashow and Shelley Zimmerman 
  55. Trudeau appoints BroadbandTV CEO to G20 Business Women Leaders task force 
  56. Prime Minister Justin Trudeau Taps BBTV Founder Shahrzad Rafati For Women’s Economic Initiative
  57. Prime Minister Justin Trudeau Appoints Shahrzad Rafati to Represent Canada on G20 Business Women Leaders Task Force
  58. Health Issues Force YouTuber And Author Joey Graceffa To Cancel Upcoming ‘Eden’ Tour
  59. YouTube Revamps ‘Trending’ Tab With 5 New Content Categories
  60. YouTube Demonetizes Tween Channels — But Leaves Videos Standing — After Network Owner Is Arrested For Molesting A Minor 
  61. 2018 Streamy Awards Nominations Unveiled, YouTube Signs as Sponsor
  62. YouTube Channel Yes Theory Got Will Smith To Bungee Jump Over The Grand Canyon, And Millions Are Watching
  63. YouTube Has Partnered With Facebook-Owned Oculus On YouTube VR App For The Oculus Go
  64. YouTuber Tyler Oakley Feted For LGBTQ Advocacy Work On Cover Of The Advocate
  65. Laura Lee Returns To YouTube With Apology For Apology Video, Vows To Help Mend Beauty Community
  66. Creators for Good: Shannon Beveridge Seizes the Awkward Moments To Talk About Mental Health
  67. Spotify Is Beta-Testing A Feature That Allows Indie Creators To Upload Their Own Music 
  68. Spotify to Enable Artists to Upload Music Themselves 
  69. Spotify Will Make a Playlist Based on Your DNA
  70. Cult classic TV show Veronica Mars is Hulu’s latest resurrection
  71. Disney Says ESPN+ Streaming Service Notches More Than 1 Million Subscribers
  72. Amazon announces 11 new and refreshed Echo-branded gadgets—like a wall clock
  73. Sex, violence, drugs get the axe in Apple’s upcoming original content 
  74. Apple’s Upcoming Streaming Service Is Reportedly So Bland Staff Are Calling It ‘Expensive NBC’
  75. Apple Watch’s new auto-911 calls after falls may tumble into legal trouble
  76. Apple stole Qualcomm chip secrets and gave them to Intel, Qualcomm claims
  77. Apple Closes Shazam Acquisition, Starts Phasing Out Ads
  78. Insights: With Bigger Phones And Way Faster Networks, Are Creators And Companies Ready?
  79. Decision confronts challenges in valuing Bitcoin 

CREATIVITY

  1. Cuts Like a Knife: Bryan Adams Calls for Stronger Protections Against One-Sided Record Label Contracts (Michael Geist)
  2. To fix Canadian copyright, let creators claim their rights back after 25 years
  3. Congress may actually fix music royalties: The Music Modernization Act
  4. Artist Inspired By Andy Warhol, Creates Truly Astounding Work… Ends Up Giving It Away Over ‘Copyright Infringement’
  5. Monster Energy Loses Again, This Time To The NBA
  6. Pennsylvania Legislator Thinks He Can Ban Teachers From Talking About Politics In The Classroom
  7. Use of Affiliate Links Does Not Necessarily Transform Editorial Content into Advertising Says NAD
  8. The future of UK Intellectual Property Rights in a ‘no deal’ Brexit
  9. Elon Musk May Have Talked His Way Into A Pretty Serious Defamation Lawsuit
  10. Judge Says Student Can Sue School For Suspending Her After She Called A Fictional Cop A ‘Pig’
  11. Spinelli v. NFL: Second Circuit reinstates professional photographers’ copyright infringement claim alleging that NFL and AP exploited thousands of NFL event photographs without authorization or payment.
  12. Famous Protest Art Group In Bulgaria Paint Their Feelings About New EU Copyright Law On Gutenberg Statue
  13. Twelve Rules For Not Being A Total Free Speech Hypocrite

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. NYT sues FCC, says it hid evidence of Russia meddling in net neutrality repeal: FCC broke law by hiding net neutrality comment records, lawsuit alleges. 
  2. New York Times Sues FCC With Eye On Bogus Russian Net Neutrality Comments
  3. Court Orders FCC To Hand Over Data On Bogus Net Neutrality Comments
  4. FCC angers cities and towns with $2 billion giveaway to wireless carriers
  5. Ajit Pai slams cities and towns as FCC erases $2 billion in local fees
  6. The Internet is not an ATM: My Appearance at the Senate Transport and Communications Committee on Broadcast and Telecom Reform (Michael Geist)
  7. SiriusXM to pay $3.5 billion for Pandora
  8. Sirius Plunges Most Since 2011 After $3.5 Billion Pandora Deal
  9. Comcast stock tanks after company strikes $40 billion deal to buy Sky
  10. Even Wall Street Is Nervous About Comcast’s Latest Bid To Grow Bigger For Bigger’s Sake
  11. FCC angers cities and towns with $2 billion giveaway to wireless carriers
  12. FCC Decision Illustrates Details of the Application of FCC Foreign Ownership Approval Requirements 
  13. GAO Again Points Out That Terrible U.S. Broadband Maps Drive (Intentionally) Terrible Broadband Policy 
  14. No, Next-Gen Wireless (5G) Won’t Magically Fix The Broken U.S. Broadband Market

SURVEILLANCE & PRIVACY

  1. State Attorneys General Really Want To Go After Big Internet Companies; But Claim It’s About Privacy, Not Bias
  2. NSA employee who brought hacking tools home sentenced to 66 months in prison
  3. Researchers find Russian “VPNfilter” malware was a Swiss Army hacking knife
  4. The DOJ’s Rules For Spying On Journalists Get A Bit Flimsy When It Reaches The FISA Court
  5. Leaked NSA Exploits Shifting From Ransomware To Cryptocurrency Mining
  6. Unintended Consequences: How The GDPR Can Undermine Privacy
  7. GDPR Being Used To Try To Disappear Public US Court Docket
  8. California Police Officers Used Self-Destructing Messaging App For Years
  9. Cliff-edge moment for privacy rights and criminal investigations
  10. The Necessity of Geoblocking in the Age of (Almost) Unavoidable Geolocation 

Jon